Shoplifter sues Wal Mart

[mr.stuart]

Wal-Mart excessive force claim caught on tape | tape, caught, wal - Local News -

This happened about 25 miles from my little town. A man caught on video, shoplifting, is detained by Wal Mart security, a struggle follows, now the man has an attorney filing suit for,of all things,loss of earnings? Mental anguish? Illegal detainment? Reading the law at the bottom of this article makes me wonder if this fool might win. There is video also.Check it out.

[DefensiveCarry.com]

[dukalmighty]

If I was on the jury he wouldn't get a penny,in fact I would make him and his attorney pay for the cost of this frivolous lawsuit,you wanta commit a crime but then when there are consequences for your actions you wanta blame somebody else

[tinkerinWstuff]

Almost as bad as the McD's hot coffee suit. Will be a sad day for America when the bad guy wins a lawsuit for being hurt on the job.

[fernset]

How could it possibly be false inprisonment if he was caught comitting a crime.

[TheShadow]

You know those rough block/bricks at the entrance of Walmarts had to hurt

Jail time for him and the child he was stealing for in protective services IMO

[ExactlyMyPoint]

I bet he belongs to SEIU and was on his way to a town hall meeting.

[diverdown247]

Exactly why we needed the legislation passed that denies all claims of damages for individuals committing crimes. Commit the crime and get hurt in the process of the crime or escape and you're entitled to absolutely nothing.

Wal-Mart will likely settle this out of court and give the criminal a ton of money just to get it out of the media.


Fortunately, the media has the "restrained" issue skewed, which could benefit WM. For a LEO, simple restraining could be deemed for the safety of the suspect and the officer....not actually an arrest. If restraining were an arrest, then an officer would be required to administer MIRANDA per the US Supreme Court and the Supreme Court does not require MIRANDA for simple restraint/detainment as it is clearly not an arrest.

So, if someone is being restrained to prevent escape following the commission of a crime...how is that equal to an arrest? It's not, but criminal defense attorneys skew things to get their clients off or get settlements.

On the other side of the coin, this criminal attorney could use the denial of liberty as grounds, but that's truly stretching things. Will never get anything beyond the injury settlement if it goes to court. The key would be if the individual was currently employed....if not, even the loss of income ability wouldn't hold up.

I certainly hope WM takes this one to court.

[Agave]

If restraining were an arrest, then an officer would be required to administer MIRANDA per the US Supreme Court and the Supreme Court does not require MIRANDA for simple restraint/detainment as it is clearly not an arrest.

An arrest does not require a Miranda warning. An arrest WITH interrogation requires a Miranda warning.

[retsupt99]

Loss of earnings? How much was he making with his thefts?

[doctorw]

In some countries they cut off your right hand for stealing! We need to be somewhere between the extremes--where committing such crimes becomes less attractive.

[obxned]

The guy is absolute pond scum, but any lawyer that would take such a case is far, far worse.

[BikerRN]

An arrest does not require a Miranda warning. An arrest WITH interrogation requires a Miranda warning.

What Agave said.

I predict that WM will "settle" as it is cheaper than going to court in most cases.

As far as Security Guards and detaining people; What statutory authority do they have to detain anyone? In some states they can detain, but in a majority of them, IIRC, they have no statutory authority to hold anyone against their will.

This should give pause to those of you that think they are going to make a "Citizen's Arrest". It is much easier, and less costly for you if you let the criminal flee, to be apprehended later by those with the statutory authority to detain and arrest someone believed to have committed a criminal act.

Biker

[jjkjr]

What Agave said.

I predict that WM will "settle" as it is cheaper than going to court in most cases.

Biker

This is true...... sad but true, i know of a situation i was working in the milk cooler replacing lights when a subject was eating donuts out of the case next to the cooler and reach in grab some milk and was drinking it ... when he noticed he was had, he fell to floor and said that he slipped on some spilled milk.(milk that was spilled from him falling by the way) 2 wittnesses. Walmart called the ambulance and he was taken to a hospital. He sued walmart and they settled out of court for $300,000. what a way to get a free meal..

i know of several of these types just ticks me ......

[Bunny]

Maybe his girlfriend is the idiot suing her college for not being able to get a job.

What is WRONG with people?

[cvhoss]

Maybe his girlfriend is the idiot suing her college for not being able to get a job.

What is WRONG with people?

The unfortunate part is that there's nothing wrong with them. They're only doing what our society and our justice system has taught them to do. Our courts are a new Lotto system and you don't even have to buy a ticket, you only have to be in the right place at the right time, even if you yourself create the circumstance that caused your injury .

While a criminal defendant has a Constitutional right to a criminal defendant, no such provision exists for civil litigants. But, there's no shortage of ambulance chasing lawyers who will jump at the chance to win the lottery. Not to say that there aren't legitimate personal injury cases but let's get real. And the worst part about the whole thing are the 12 idiots who will sit on a jury and award this criminal money if it does go to trial. Just as bad as the jury that awarded 2.86 million to the woman who dumped her own coffee in her lap. And maybe even worse than the juries are the judges who allow this lawsuits to even see the light of day. I have a simple solution to stop most of this nonsense. If a plaintiff files a civil suit and loses, they are automatically responsible for all of the defendant's legal fees and if the plaintiff can't pay, their lawyer is responsible. I'd bet legitimate cases wouldn't have to wait so long for a court date.

Hoss